ROCKFORD — The long-simmering power struggle between Rockford Police Chief Chet Epperson and the police union boiled over Thursday into a Winnebago County Courtroom.

Beneath the legal maneuvering, grand-standing and finger-pointing is a struggle for control over the Rockford Police Department itself, said Thomas McGuire, Epperson’s lawyer.

“This is an important case because it really comes down to who the devil is running the police department,” McGuire said. “Is it the union or is it the chief of police?”

Judge Eugene Doherty has agreed to hear arguments July 3 over a restraining order that would temporarily prevent the Rockford Board of Fire and Police Commissioners from presiding over a union complaint leveled against Epperson.

Union lawyer Dan McGrail said the chief acted improperly, undermining and endangering officers and residents. He said the union is calling for a full investigation that would reveal to the public everything that happened.

“Any type of interference in the investigation is an unnecessary and flagrant abuse of power,” McGrail said. “The PBPA will persist until we get to the bottom of it.”

But McGuire said that not only did Epperson do nothing wrong by protecting the rights of a resident against an unreasonable search of his home, the commissioners do not have the authority to discipline or terminate him.

Epperson has brought the matter to Winnebago County Circuit Court for a judge to decide whether the commission should hear the case or if it is Mayor Larry Morrissey, with the advice and consent of the Rockford City Council, who has the authority to hire, discipline and fire the chief.

A first step is for Judge Doherty to determine if he should issue a temporary restraining order. It would prevent the commission from hearing the case and the union from pursuing it while the judge considers arguments about the larger question of whether to order the police commission to end its complaint proceedings.

McGuire and McGrail claim state law and city ordinances are on their respective sides.

Union officials filed a complaint with the commission that said Epperson endangered officers during the welfare check at Johnston’s house.

Johnston called Epperson and placed him on speakerphone, complaining officers on his front porch were rude, overly aggressive and had threatened to kick in his door while refusing to say why they were there.

Johnston asserted his constitutional right against unreasonable searches and seizures, declining to allow the officers into his house.

Page 2 of 2 - Epperson called for a sergeant to be sent to the residence. Whether Epperson also advised Johnston not to let the police inside is being disputed. Police complained that Epperson unnecessarily interfered and potentially endangered residents and police.

No one was arrested, and the situation was resolved peacefully. Police were sent to Johnston’s home for a welfare check after his ex-wife who lives in New York called police. She said she heard fighting while she was on the phone with their adult son, who lives with Johnston. It was later determined there had been no fight.

Attorney Ian Linnabary, who serves as legal counsel and secretary for the police commission, said that the commission will not take a position on the arguments. It will instead allow the sides to hash out their arguments in court and then will abide by the judge’s ruling.